The claimant won his constructive unfair dismissal claim because the respondent's flawed disciplinary process, trumped-up charges, and unfair final written warning cumulatively breached the implied term of trust and confidence, but lost his whistleblowing claims because the protected disclosure did not materially influence the respondent's actions.
Legal Issues (2)
Constructive dismissal: breach of implied term of trust and confidence
whether a series of acts cumulatively amounted to a repudiatory breach. Whistleblowing: whether the protected disclosure was the principal reason for the detrimental acts or the constructive dismissal
The claim was dismissed because the claimant failed to attend the hearing without a satisfactory explanation, and his non-attendance was found to be deliberate and contumelious.
Legal Issues (3)
Dismissal under Rule 47 of the Employment Tribunal Procedure Rules 2024 for failure to attend a hearing
consideration of Roberts v Skelmersdale College principles
overriding objective and prejudice to the respondent
All claims were struck out because they had no reasonable prospect of success or the claimants failed to comply with orders to properly particularise their claims.
The claim was struck out because there was no reasonable prospect of success; the dismissal was within the range of reasonable responses given the repeated security breaches and a live final written warning.
Legal Issues (1)
Application of strike-out test under Rule 38(1)(a) – no reasonable prospect of success. The tribunal considered the Burchell test (genuine belief, reasonable grounds, reasonable investigation) and the range of reasonable responses. The claimant's case was not reasonably arguable given the seriousness of the misconduct and the existing final written warning
The claimant succeeded in proving that the respondent made unauthorised deductions from wages and failed to pay holiday pay, and the claim was allowed despite being out of time due to reasonable practicability.
Legal Issues (3)
Time limits for presenting a claim (extension granted because not reasonably practicable and presented within a further reasonable period)
The claimant succeeded on three harassment claims but lost all other claims, including constructive unfair dismissal and most reasonable adjustment and discrimination complaints.
The claimant failed to prove it was not reasonably practicable to present his claim within the statutory time limit, and even if it were, he did not present it within a reasonable period thereafter, so the Tribunal lacked jurisdiction.
Legal Issues (3)
Whether it was not reasonably practicable for the claimant to present his unfair dismissal complaint within the primary three-month time limit under section 111(2)(b) of the Employment Rights Act 1996
if so
whether he presented it within a reasonable further period
All discrimination complaints were dismissed because the reduction in shifts was due to the introduction of a new shift allocation system (Rotamaster) and not because of any protected characteristic; the Respondent provided a compelling non-discriminatory explanation.
Legal Issues (8)
Direct discrimination (disability, race, religion)
The respondent dismissed the claimant without any investigation, without putting allegations to her, and without following a fair process, making the dismissal unfair and wrongful.
Legal Issues (8)
Unfair dismissal – whether the employer had a genuine belief in misconduct
carried out a reasonable investigation
acted within the range of reasonable responses
wrongful dismissal/breach of contract (notice pay)
The claimant failed to establish that the disclosures were protected or that the principal reason for dismissal was the protected disclosure rather than genuine redundancy.
Legal Issues (3)
Whether the claimant had a 'pretty good chance' of success at interim relief stage
whether the disclosures were qualifying disclosures under s.43B ERA 1996
whether the principal reason for dismissal was the protected disclosure or redundancy
The claimant succeeded in her claims for National Minimum Wage (idle time), holiday pay, and the statutory additional award for failure to provide a written statement.
Legal Issues (4)
National Minimum Wage (idle time/time work under Regulation 32)
holiday pay
additional award for failure to provide written statement of employment particulars
exceptional circumstances defence under s38(5) Employment Act 2002
The claimant succeeded in claims for unauthorised deductions, notice pay, and written particulars, but the unfair dismissal claim was dismissed for lack of jurisdiction due to insufficient continuous employment.
Legal Issues (5)
Unauthorised deductions
breach of contract for notice pay
failure to provide written particulars
constructive unfair dismissal jurisdiction (two-year service requirement)